Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 152(2),152(1)

Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 152(2),152(1)

Law: Civil Procedure Code (V of 1908)

Section: 151

(a) Punjab Local Government Ordinance (XIII of 2001)-------S. 152(1)(2)---Punjab Local Government Elections Rules, 2005, R.14(3)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Election of Nazim and Naib Nazim--Disqualification of Naib Nazim---Automatic disqualification of Naib Nazim---Candidates who opted to contest elections in panel as `Nazim' and `Naib Nazim' from the same Union Council, under law, could not stand or fall singly---Power of Chief Election Commissioner---Scope---Pendency of Constitutional petition not to debar Chief Election Commissioner from exercising his powers---Review jurisdiction---Scope---Petitioners jointly contested Local Bodies Election for seats of Nazim and Naib Nazim respectively, in panel, and were declared returned candidates---Respondents filed application before Chief Election Commissioner pleading therein that one of the petitioners was not qualified to contest election because he only possessed "Sanad of Dini Madrasa" which was not. equivalent to matriculation certificate---Election Tribunal, in the meanwhile, was constituted and respondents also instituted election petition on main ground that said petitioner was not matriculate, therefore, he was disqualified to' contest election on basis of "Dini Sanad"---During proceedings Election Tribunal directed Returning Officer to ensure safe production of record for purpose of recounting which order was challenged by petitioner through constitutional petition---Member of Election Commission, during pendency of constitutional petition, cancelled notification of said petitioner and ordered for holding of fresh election for the seat vacated by him---One of the respondents then filed review petition before the Member of Election Commission claiming that other petitioner also be deseated as both petitioners had jointly contested election in one panel---Member of Election Commission cancelled notification of both "Nazim" and "Naib Nazim"---Petitioners contended that during pendency of constitutional petition no parallel proceedings could be undertaken on the same subject matter by the Member of the Commission; that no power of review either under the Constitution…

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